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Finding a Bankruptcy Lawyer
in Evansville, Indiana

Residents of Evansville and Vanderburgh County will want a bankruptcy attorney that is familiar with filing cases in the Indiana Southern District Bankruptcy Court, and has experience with the trustee that will be appointed to your case.

Directories of Evansville, IN
Bankruptcy Attorney Advertising

Here are a few selected websites that offer directories of attorneys that serve Evansville, IN and Vanderburgh County. Not all attorneys list on all directiories, so we offer a choice here, and make it convenient to access the widest possible selection of Evansville, Indiana bankruptcy lawyers.

Started by original FindLaw founder and "free law" pioneer, Tim Stanley, Justia.com has localized listings & profiles of attorneys that have been listed on lawyer directories services,including Nolo's and Cornell University's LLI project.

Ten Ways a Bankruptcy Lawyer Can Help You

There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.

Although I write self-help law books, I realize that -- when it comes to complex forms, tight deadlines, and piles of details -- not everyone is cut out for do-it-yourself law.

Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy and complete work carefully, and on time, and meet all filing requirements and deadlines. (If you're not the type of person that is willing to follow instructions carefully, then self-help bankruptcy is probably not for you. For more discusion, see the help topic: Do I Need Lawyer?)

Indeed, there are many ways that a lawyer can help you in filing for bankruptcy. Here are at least ten ways that come to mind:

Help you classify exempt property.

Help answer issues about debt and expenses on the means test.

Help decide whether bankruptcy is the best solution for your particular situation.

Help you organize all of your relevant financial details into the appropriate forms.

Help you meet all filing requirements and deadlines for the Indiana Southern District Bankruptcy Court.

Help you analyze whether you qualify for lien avoidance (and decide when to use it)

Help you untangle complicated property ownership issues with jointly-owned property and divorce.

Help decide if a Chapter 13 bankruptcy is the right option for you.

Help you write a Chapter 13 plan that the trustee assigned to your case will accept.

Give you local knowledge about what your trustee generally allows when it comes to "reasonable" expenses.

Like tax law,
bankruptcy is a specialty. Someone claiming to be a bankruptcy lawyer should be able to point
to experience and deep knowledge of the specialized law of bankruptcy,
and specifically, your local court.

Most bankruptcies are routine for someone who has done many of them. Chances are very good that an experienced
bankruptcy attorney has seen your situation many times before. The lawyer you choose should be able to advise you on the best way
to proceed with your bankruptcy given your assets, your debts, your secured debts, whether there are cosigners, and other issues.

If you're going to pay for a bankruptcy lawyer, make sure you
get a good one. Just because someone is a lawyer does not mean
they are knowledgeable about bankruptcy law. Do your homework before you hire someone.

Using Non-Lawyers (Bankrupty Petition Preparers) to help you

Credit Counseling & Debtor Education

Before you file for bankruptcy, you must get credit counseling,
and get a certificate proving that you have done so. You MUST
use one of the approved
counseling agencies for your court district.

There are many shady credit counseling agencies that advertise
heavily on TV and other media. They call themselves non-profit,
are really just fronts for profit making businesses and are designed
to funnel people into dead-end payment plans that do little for the
consumer. Indeed 40% of the industry has been targeted by the IRS
to remove their non-profit status [NPR
Report] [SFGate
article].

Even assuming you're using a legitimate credit counselor, a recent GAO report to Congress stated that:

"The value of the credit counseling requirement is not clear. The counseling was intended to help consumers make informed choices about bankruptcy and its alternatives. Yet anecdotal evidence suggests that by the time most clients receive the counseling, their financial situations are dire, leaving them with no viable alternative to bankruptcy. As a result, the requirement may often serve more as an administrative obstacle than as a timely presentation of meaningful options."
- source: Government Accounting Office testimony before the House Subcommittee on Commercial and Administrative Law, May 1, 2007

Form Preparation Services (BPPs)

Bankruptcy Petition Preparers are non-lawyers paid
by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with the
rules governing
BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves
in the bankruptcy court. This means they are responsible for making
the choices required of them in their case. They must also provide
the BPP with complete and accurate information to be entered in the
documents.

Because BPPs are not lawyers, their customers must
obtain necessary legal information and advice from an independent
source such as a self-help
law book or a lawyer.

Think of it this way, A BPP's customers are their own
lawyers and the BPP is their legal secretary. The customers have
to be sufficiently informed to tell the BPP what to do.

What BPPs Can't Do

Lawyers have jealously guarded their turf when it comes to bankruptcy.
Lawyers already lost this battle in the area of tax preparation.
Today, non-lawyer tax preparers openly advertise the good advice
they can give you in addition to completing your forms. BPPs can
do no such thing when it comes to bankruptcy forms.

Online Bankruptcy Filing Advertised to Consumers

There are several software products designed for lawyers that will prepare full sets of bankruptcy forms, but these programs assume you already know bankruptcy law and are designed for filing multiple bankruptcies. In short, they're not appropriate for first-time bankruptcy filers.
There are also a few packages purportedly offered for consumers. Proceed with caution. Some of these packages are little more than PDF versions of the forms, which are are available free from the courts themselves.
If you are not a lawyer, the only value of these products would depend on the quality of the instructions they provide. You'll need instructions on how to complete each form, as well as a good understanding of how each form fits into the larger process of filing for bankruptcy.

So-Called "Full Service" Companies - Proceed with Caution

Some companies tout themselves as "full service" to
distinguish themselves from companies that only offer forms preparation. But they do not appear to be lawyers, so, by law, all they can do is forms preparation. Therefore it is unclear what "full service" actually includes, or what it CAN include under the strict guidelines preventing non-lawyers from providing bankruptcy advice.

Step-by-Step Guidebooks to the Bankruptcy Process

How to File for Chapter 7 Bankruptcy

Before
spending hundreds of dollars on bankruptcy services, take the time to
learn about what's involved in filing for bankruptcy, and determine exactly the kind of help you need. Nolo's
How to File for Chapter 7 Bankruptcy (17th ed., 2011) walks you through
the law and procedures of filing for bankruptcy, explains what bankruptcy
can -- and can't -- do for you, and tells you how to get the most from
your bankruptcy lawyer if you decide to hire one.

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Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can give you an affordable repayment plan -- and let you keep your house, car and other property.

In Paperback and eBook

The New Bankruptcy: Will It Work For You? (New Bankruptcy)

by
Attorneys Leon Bayer & Stephen Elias

Is bankruptcy the right solution for your overwhelming debts? Pick the best strategies for your situation with the information and practical suggestions in The New Bankruptcy. Find out:

Do I Need a Lawyer?

There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.

Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy. (If you're not the type of person that is willing to follow instructions carefully, then self-help is probably not for you.)

Your Financial Situation

If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own.

However, other factors to consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets you may want to consult with a lawyer to make sure your property is not at risk.

A good way to approach the decision of whether to hire a lawyer is to buy (and read) Nolo's book How to File for Chapter 7 Bankruptcy. It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good idea of whether the filing process seems to complicated for you.

If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a Bankruptcy Petition Preparer to handle the form preparation.

Some lawyers may be willing to review your situation without taking on your entire case. If they see that your situation is very simple, some lawyers might even tell you that you can do it yourself.

One option is to get limited help from a lawyer combined with the services of a bankruptcy petition preparer. If you live in California, see www.bankruptcylawproject.comfor more information about their "Affordable Attorney Advice" service, which, for a flat rate of $100, will answer all questions that may arise in the course of your bankruptcy, but not actually file bankruptcy for you. (Disclaimer: This service is run by my friend and co-author, Attorney Stephen Elias. But I think what he's doing is pretty innovative and useful and so I list it here.)

Other Resources, Other Opinions

Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers... guess what... think you should always have a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do.

What should I expect from a lawyer?

If you hire a lawyer, make sure your lawyer is an experienced bankruptcy lawyer. Bankruptcy is a complex, unique area of law that is not something that a general practitioner can learn overnight. Ask your lawyer how many bankruptcies they have filed.

Your lawyer will probably have you fill in a questionnaire about your property, debts, expenses and income. A good lawyer will be able to determine quickly what kinds of debts will be dischargeable in bankruptcy. The lawyer should advise you to get credit counseling before you file, and will may even have a computer terminal in their office where you can do the counseling right there, online. Many lawyers have preferred credit counselors that they work with.

Lawyers are responsible for making sure that your information is accurate, so they will be asking you to bring in documentation about your finances, including pay stubs, tax returns, etc.

What is a "BPP" (Bankruptcy Petition Preparer)?

Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with therules governing BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.

Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.

Credit counseling organizations are now screened by the federal government and only approved organizations can be used in bankruptcy. (Click here for the list of approved credit counseling agencies.) This regulation is a good thing. The field rife with rip-off artists and the regulation has been welcomed by legitimate credit counselors.

What is "debt consolidation"

Debt consolidation is the practice of taking out one large loan to pay off a bunch of smaller debts that are charging higher interest.

Debt consolidation may or may not be a good idea, depending on your situation. Lower interest is a good thing, but turning unsecured debts (like credit card bills) into secured debts (like a home equity loan) can be a costly mistake if you eventually file bankruptcy anyway. Unsecured debts can often be eliminated in bankruptcy, while most secured debts cannot. If you can't pay your secured debt -- or if the payments are late -- you may lose your home.

Also, the fees for setting up such loans can be expensive.

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